Bill Text: FL S0226 | 2015 | Regular Session | Comm Sub
Bill Title: Racing Animals
Spectrum:
Status: (Introduced - Dead) 2015-04-02 - Laid on Table, companion bill(s) passed, see CS/HB 239 (Ch. 2015-88) [S0226 Detail]
Download: Florida-2015-S0226-Comm_Sub.html
Florida Senate - 2015 CS for SB 226
By the Committee on Regulated Industries; and Senator Latvala
580-01698-15 2015226c1
1 A bill to be entitled
2 An act relating to racing animals; amending s.
3 550.2415, F.S.; revising the prohibition on the use of
4 certain medications or substances on racing animals;
5 authorizing the Division of Pari-mutuel Wagering
6 within the Department of Business and Professional
7 Regulation to solicit input from the Department of
8 Agriculture and Consumer Services; revising the
9 penalties for violating laws relating to the racing of
10 animals; decreasing the timeframe in which
11 prosecutions for violations regarding racing animals
12 must commence; requiring the division to notify the
13 owners or trainers, stewards, and the appropriate
14 horsemen’s association of all drug test results;
15 prohibiting the division from taking action against
16 owners or trainers under certain circumstances;
17 requiring the division to require its laboratory and
18 specified independent laboratories to annually
19 participate in a quality assurance program; requiring
20 the administrator of the program to submit a report;
21 revising the conditions of use for certain
22 medications; expanding violations to include
23 prohibited substances that break down during a race
24 found in specimens collected after a race; revising
25 the rulemaking authority of the division; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraphs (a) and (b) of subsection (1),
31 paragraphs (a) and (b) of subsection (3), subsections (4) and
32 (5), and subsections (7) through (16) of section 550.2415,
33 Florida Statutes, are amended to read:
34 550.2415 Racing of animals under certain conditions
35 prohibited; penalties; exceptions.—
36 (1)(a) The racing of an animal that has been impermissibly
37 medicated or determined to have a prohibited substance present
38 with any drug, medication, stimulant, depressant, hypnotic,
39 narcotic, local anesthetic, or drug-masking agent is prohibited.
40 It is a violation of this section for a person to impermissibly
41 medicate an animal or for an animal to have a prohibited
42 substance present resulting administer or cause to be
43 administered any drug, medication, stimulant, depressant,
44 hypnotic, narcotic, local anesthetic, or drug-masking agent to
45 an animal which will result in a positive test for such
46 medications or substances such substance based on samples taken
47 from the animal immediately prior to or immediately after the
48 racing of that animal. Test results and the identities of the
49 animals being tested and of their trainers and owners of record
50 are confidential and exempt from s. 119.07(1) and from s. 24(a),
51 Art. I of the State Constitution for 10 days after testing of
52 all samples collected on a particular day has been completed and
53 any positive test results derived from such samples have been
54 reported to the director of the division or administrative
55 action has been commenced.
56 (b) It is a violation of this section for a race-day
57 specimen to contain a level of a naturally occurring substance
58 which exceeds normal physiological concentrations. The division
59 may solicit input from the Department of Agriculture and
60 Consumer Services and adopt rules that specify normal
61 physiological concentrations of naturally occurring substances
62 in the natural untreated animal and rules that specify
63 acceptable levels of environmental contaminants and trace levels
64 of substances in test samples.
65 (3)(a) Upon the finding of a violation of this section, the
66 division may revoke or suspend the license or permit of the
67 violator or deny a license or permit to the violator; impose a
68 fine against the violator in an amount not exceeding the purse
69 or sweepstakes earned by the animal in the race at issue or
70 $10,000, whichever is greater $5,000; require the full or
71 partial return of the purse, sweepstakes, and trophy of the race
72 at issue; or impose against the violator any combination of such
73 penalties. The finding of a violation of this section does not
74 prohibit in no way prohibits a prosecution for criminal acts
75 committed.
76 (b) The division, notwithstanding the provisions of chapter
77 120, may summarily suspend the license of an occupational
78 licensee responsible under this section or division rule for the
79 condition of a race animal if the division laboratory reports
80 the presence of a prohibited an impermissible substance in the
81 animal or its blood, urine, saliva, or any other bodily fluid,
82 either before a race in which the animal is entered or after a
83 race the animal has run.
84 (4) A prosecution pursuant to this section for a violation
85 of this section must be commenced within 90 days 2 years after
86 the violation was committed. Service of an administrative
87 complaint marks the commencement of administrative action.
88 (5) The division shall implement a split-sample procedure
89 for testing animals under this section.
90 (a) Upon finding a positive drug test result, The division
91 department shall notify the owner or trainer, the stewards, and
92 the appropriate horsemen’s association of all drug test the
93 results. The owner may request that each urine and blood sample
94 be split into a primary sample and a secondary (split) sample.
95 Such splitting must be accomplished in the laboratory under
96 rules approved by the division. Custody of both samples must
97 remain with the division. If a drug test result is positive
98 However, and upon request by the affected trainer or owner of
99 the animal from which the sample was obtained, the division
100 shall send the split sample to an approved independent
101 laboratory for analysis. The division shall establish standards
102 and rules for uniform enforcement and shall maintain a list of
103 at least five approved independent laboratories for an owner or
104 trainer to select from if a drug test result is in the event of
105 a positive test sample.
106 (b) If the division state laboratory’s findings are not
107 confirmed by the independent laboratory, no further
108 administrative or disciplinary action under this section may be
109 pursued. The division may adopt rules identifying substances
110 that diminish in a blood or urine sample due to passage of time
111 and that must be taken into account in applying this section.
112 (c) If the independent laboratory confirms the division
113 state laboratory’s positive result, or if there is an
114 insufficient quantity of the secondary (split) sample for
115 confirmation of the state laboratory’s positive result, the
116 division may commence administrative proceedings as prescribed
117 in this chapter and consistent with chapter 120. For purposes of
118 this subsection, the department shall in good faith attempt to
119 obtain a sufficient quantity of the test fluid to allow both a
120 primary test and a secondary test to be made.
121 (d) For the testing of racing greyhounds, if there is an
122 insufficient quantity of the secondary (split) sample for
123 confirmation of the division laboratory’s positive result, the
124 division may commence administrative proceedings as prescribed
125 in this chapter and consistent with chapter 120.
126 (e) For the testing of racehorses, if there is an
127 insufficient quantity of the secondary (split) sample for
128 confirmation of the division laboratory’s positive result, the
129 division may not take further action on the matter against the
130 owner or trainer, and any resulting license suspension must be
131 immediately lifted.
132 (f) The division shall require its laboratory and the
133 independent laboratories to annually participate in an
134 externally administered quality assurance program designed to
135 assess testing proficiency in the detection and appropriate
136 quantification of medications, drugs, and naturally occurring
137 substances that may be administered to racing animals. The
138 administrator of the quality assurance program shall report its
139 results and findings to the division and the Department of
140 Agriculture and Consumer Services.
141 (7)(a) In order to protect the safety and welfare of racing
142 animals and the integrity of the races in which the animals
143 participate, the division shall adopt rules establishing the
144 conditions of use and maximum concentrations of medications,
145 drugs, and naturally occurring substances identified in the
146 Controlled Therapeutic Medication Schedule, Version 2.1, revised
147 April 17, 2014, adopted by the Association of Racing
148 Commissioners International, Inc. (ARCI). Controlled therapeutic
149 medications include only the specific medications and
150 concentrations allowed in biological samples which have been
151 approved by ARCI as controlled therapeutic medications.
152 (b) The division rules must designate the appropriate
153 biological specimens by which the administration of medications,
154 drugs, and naturally occurring substances is monitored and must
155 determine the testing methodologies, including measurement
156 uncertainties, for screening such specimens to confirm the
157 presence of medications, drugs, and naturally occurring
158 substances.
159 (c) The division rules must include a classification system
160 for drugs and substances and a corresponding penalty schedule
161 for violations which incorporates the Uniform Classification
162 Guidelines for Foreign Substances, Version 8.0, revised December
163 2014, by ARCI. The division shall adopt laboratory screening
164 limits approved by ARCI for drugs and medications that are not
165 included as controlled therapeutic medications, the presence of
166 which in a sample may result in a violation of this section.
167 (d) The division rules must include conditions for the use
168 of furosemide to treat exercise-induced pulmonary hemorrhage.
169 (e) The division may solicit input from the Department of
170 Agriculture and Consumer Services in adopting the rules required
171 under this subsection. Such rules must be adopted before January
172 1, 2016 Under no circumstances may any medication be
173 administered closer than 24 hours prior to the officially
174 scheduled post time of a race except as provided for in this
175 section.
176 (a) The division shall adopt rules setting conditions for
177 the use of furosemide to treat exercise-induced pulmonary
178 hemorrhage.
179 (b) The division shall adopt rules setting conditions for
180 the use of prednisolone sodium succinate, but under no
181 circumstances may furosemide or prednisolone sodium succinate be
182 administered closer than 4 hours prior to the officially
183 scheduled post time for the race.
184 (c) The division shall adopt rules setting conditions for
185 the use of phenylbutazone and synthetic corticosteroids; in no
186 case, except as provided in paragraph (b), shall these
187 substances be given closer than 24 hours prior to the officially
188 scheduled post time of a race. Oral corticosteroids are
189 prohibited except when prescribed by a licensed veterinarian and
190 reported to the division on forms prescribed by the division.
191 (f)(d) This section does not Nothing in this section shall
192 be interpreted to prohibit the use of vitamins, minerals, or
193 naturally occurring substances so long as none exceeds the
194 normal physiological concentration in a race-day specimen.
195 (e) The division may, by rule, establish acceptable levels
196 of permitted medications and shall select the appropriate
197 biological specimens by which the administration of permitted
198 medication is monitored.
199 (8)(a) Furosemide is the only medication that may be
200 administered within 24 hours before the officially scheduled
201 post time of a race, but it may not be administered within 4
202 hours before the officially scheduled post time of a race Under
203 no circumstances may any medication be administered within 24
204 hours before the officially scheduled post time of the race
205 except as provided in this section.
206 (b) As an exception to this section, if the division first
207 determines that the use of furosemide, phenylbutazone, or
208 prednisolone sodium succinate in horses is in the best interest
209 of racing, the division may adopt rules allowing such use. Any
210 rules allowing the use of furosemide, phenylbutazone, or
211 prednisolone sodium succinate in racing must set the conditions
212 for such use. Under no circumstances may a rule be adopted which
213 allows the administration of furosemide or prednisolone sodium
214 succinate within 4 hours before the officially scheduled post
215 time for the race. Under no circumstances may a rule be adopted
216 which allows the administration of phenylbutazone or any other
217 synthetic corticosteroid within 24 hours before the officially
218 scheduled post time for the race. Any administration of
219 synthetic corticosteroids is limited to parenteral routes. Oral
220 administration of synthetic corticosteroids is expressly
221 prohibited. If this paragraph is unconstitutional, it is
222 severable from the remainder of this section.
223 (c) The division shall, by rule, establish acceptable
224 levels of permitted medications and shall select the appropriate
225 biological specimen by which the administration of permitted
226 medications is monitored.
227 (9)(a) The division may conduct a postmortem examination of
228 any animal that is injured at a permitted racetrack while in
229 training or in competition and that subsequently expires or is
230 destroyed. The division may conduct a postmortem examination of
231 any animal that expires while housed at a permitted racetrack,
232 association compound, or licensed kennel or farm. Trainers and
233 owners shall be requested to comply with this paragraph as a
234 condition of licensure.
235 (b) The division may take possession of the animal upon
236 death for postmortem examination. The division may submit blood,
237 urine, other bodily fluid specimens, or other tissue specimens
238 collected during a postmortem examination for testing by the
239 division laboratory or its designee. Upon completion of the
240 postmortem examination, the carcass must be returned to the
241 owner or disposed of at the owner’s option.
242 (10) The presence of a prohibited substance in an animal,
243 found by the division laboratory in a bodily fluid specimen
244 collected after the race or during the postmortem examination of
245 the animal, which breaks down during a race constitutes a
246 violation of this section.
247 (11) The cost of postmortem examinations, testing, and
248 disposal must be borne by the division.
249 (12) The division shall adopt rules to implement this
250 section. The rules may include a classification system for
251 prohibited substances and a corresponding penalty schedule for
252 violations.
253 (13) Except as specifically modified by statute or by rules
254 of the division, the Uniform Classification Guidelines for
255 Foreign Substances, revised February 14, 1995, as promulgated by
256 the Association of Racing Commissioners International, Inc., is
257 hereby adopted by reference as the uniform classification system
258 for class IV and V medications.
259 (14) The division shall utilize only the thin layer
260 chromatography (TLC) screening process to test for the presence
261 of class IV and V medications in samples taken from racehorses
262 except when thresholds of a class IV or class V medication have
263 been established and are enforced by rule. Once a sample has
264 been identified as suspicious for a class IV or class V
265 medication by the TLC screening process, the sample will be sent
266 for confirmation by and through additional testing methods. All
267 other medications not classified by rule as a class IV or class
268 V agent shall be subject to all forms of testing available to
269 the division.
270 (13)(15) The division may implement by rule medication
271 levels for racing greyhounds recommended by the University of
272 Florida College of Veterinary Medicine developed pursuant to an
273 agreement between the Division of Pari-mutuel Wagering and the
274 University of Florida College of Veterinary Medicine. The
275 University of Florida College of Veterinary Medicine may provide
276 written notification to the division that it has completed
277 research or review on a particular drug pursuant to the
278 agreement and when the College of Veterinary Medicine has
279 completed a final report of its findings, conclusions, and
280 recommendations to the division.
281 (16) The testing medium for phenylbutazone in horses shall
282 be serum, and the division may collect up to six full 15
283 milliliter blood tubes for each horse being sampled.
284 Section 2. This act shall take effect July 1, 2015.
